Although a Separation Agreement is recommended in many cases, it is not required in order to obtain a divorce.
A written Separation Agreement may be necessary to address the disposition of the family home because any agreement relating to real estate must be in writing in order to be binding and enforceable.
Under the 1-year voluntary separation grounds for divorce, the voluntariness of the separation must be corroborated by evidence other than the spouses’ testimony. A notarized Separation Agreement can serve to corroborate the voluntariness of the separation.
If properly drafted, a Separation Agreement can also minimize or preclude future disputes between spouses.